When looking over the penal code, it can be pretty easy to get overwhelmed by the type of language you’ll find and totally lose the message of the law itself. It’s actually pretty simple why it is this way–the penal code was set up to be interpreted and used by lawyers in the course of trials, not for the everyday layman reader. With all of that being said, though, it is important to realize that it’s possible to make sense of the law by breaking it down into easy to understand parts and then tackling those parts individually. In this post we’re going to look at the crime of Possession for Sales, its definitions, punishments, and its defenses to see what exactly it is.
What this law basically means is that it’s a felony to actually possess certain controlled substances, all with the intent to sell them. These can be illegal substances like cocaine, LSD, and even heroin. This law also actually covers common prescription drugs as well. The important sticking point with this law is that the prosecutor has to prove that there was intent to sell. This can be established if there is a large amount of a controlled substance on hand, if there’s been packaging of the drug into separate amounts that could then be sold, if there are scales on hand, maybe even a large amount of cash, or people coming to your location and not staying for a long period of time. Once that possession has been established, the possible penalties include two, three, or four years in county jail and/or a maximum fine of $20,000. You might even be able to get probation and up to a year in county jail. This of course depends on the case, and you’ll definitely need the right counsel for the job in order to assure that this can be done. As with any charge you might be facing, there are certain defenses that will potentially apply, defenses that you can use in court to potentially get your charges reduced or even dropped altogether. Again, all of this will be dependent on the quality level of the counsel you’ve been able to find. So let’s take a look at these defenses so that you can get started on the right legal defense for your situation.
As with every case, the best defense is going to be entirely dependent on the actual facts of your case. Some of the more common defenses out there, though, include that you didn’t actually possess a controlled substance, that the drugs weren’t yours, that you didn’t know the drugs were there or were for personal use, that the drugs were found during an illegal search, or that the police actually falsified evidence during the proceedings. Again, you’ll have to decide what the best defense for you is depending on your circumstances, and that you have the right counsel for the job.
So as you can see, the penal code isn’t actually all that complicated once you break it down into easy to understand parts as opposed to the often complicated letter of the law that you’ll find on the books. If you are facing legal trouble and feel that one of the above defenses is applicable for you, it’s best that you get in touch with the right attorney so that you can get your charges dropped or perhaps reduced. We have attorneys with years of experience interpreting and using the law who can help you figure out the particulars of your case and where you can go.